Wilkins v. Town Council
Supreme Court of South Carolina
Before Gage, J., Cherokee, Sept., 1898. Action by W. J. Wilkins and other citizens of Gaffney City owning lots on Johnson street v. Town Council and Ohio River and Charleston Railway Co. From Circuit decree refusing temporary injunction, plaintiffs appeal. Pozoer to control the streets does not enable authorization of construction of steam railway along a street: 21 Stat., 1002; 10 S. W. R., 644; 18 At. R., 586; 24 Fed.
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Before Gage, J., Cherokee, Sept., 1898. Action by W. J. Wilkins and other citizens of Gaffney City owning lots on Johnson street v. Town Council and Ohio River and Charleston Railway Co. From Circuit decree refusing temporary injunction, plaintiffs appeal. Pozoer to control the streets does not enable authorization of construction of steam railway along a street: 21 Stat., 1002; 10 S. W. R., 644; 18 At. R., 586; 24 Fed. R., 306; 10 Wall., 52. The use of the street for a steam railway is an additional burden, which cannot be imposed on the abutter'owning the fee, without additional…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action to restrain the town council of Gaffney City from granting to its codefendant the use of Johnson street, in said town, for the purpose of extending its track. His Honor, Judge Gage, granted a temporary injunction, which he afterwards dissolved, and the appeal is from that order.
Several questions are presented by the exceptions, one of which is that the town council of Gaffney City was without jurisdiction to grant to its codefendant the right to lay its track in said street. The question as to jurisdiction will first…
2Cited by8 opinions
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- Powell v. McKelveyIdaho Supreme Court · 1935
- South Bound R. R. v. BurtonSupreme Court of South Carolina · 1903
- Seaboard Air Line Railway v. Southern Investment Co.Supreme Court of Florida · 1907
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